Products Liability: Defenses Flashcards
1
Q
Comparative Fault
A
P’s negligence reduces recovery
2
Q
Contributory Negligence
A
P’s negligence not a defense if P used product in REASONABLY FORESEEABLE WAY or NEGLIGENTLY FAILED TO DISCOVER DEFECT
3
Q
Assumption of Risk
A
COMPLETE BAR to recovery
4
Q
Unforeseeable Misuse, Modification, or Alteration
A
Bars recovery
5
Q
Foreseeable Misuse, Modification, or Alteration
A
This will be viewed as comparative negligence
6
Q
State-of-the-Art Standard
A
Relevant state of the art at the time of manufacture or warning is EVIDENCE that the product is NOT defective
7
Q
Statute of Limitations
A
Begins to run against P with personal injury when P discovers injury and its connection to product
